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(영문) 수원지방법원 2012.12.26 2012고단5865

도로법위반

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Around March 5, 2002, around 15:25, the summary of the facts charged in the instant case violated the restriction on vehicle operation by the road management authority by loading and operating the freight exceeding the limited storage weight of B freight vehicles in relation to the Defendant’s business at the business establishment for entertainment direction at a point of 32.2 km away from the Seoul Southern Metropolitan Area Highway.

2. Article 86 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and amended by Act No. 7832 of Dec. 30, 2005), which is the applicable provisions of the facts charged in the instant case, was declared unconstitutional by the Constitutional Court on Oct. 28, 2010, and accordingly, the said provision of the Act retroactively lost its effect.

Therefore, since the facts charged in this case constitute a case that does not constitute a crime, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment against the defendant is publicly announced under Article 58(2)